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Charged With Drink Driving, First offence.

#1
Good afternoon,

Just looking for some re-assurance after I got arrested from drink driving on Saturday morning. Had no intention of driving, even had room booked for the evening but just got out of hand and ended up in my car.

Ended up getting a flat tyre on a A road and a passerby stopping to see if I was okay. Saw I had been drinking called the police.

Police arrested me on the side of the road and blew 100 at the station. Kept me over night and released me next morning, court date late April. Charged section 5.1.a in charge excess alcohol.

It’s my first ever offence, clean licence. I fully expect a ban for my stupidity, I feel stupid and utterly disgusted with my self for what I have done... I’m just looking for clarification of no prison time as I have just started a new job and I would lose my home and probably my family if it led to that.

I have booked to meet with a solicitor.

Thanks in advance.
 
#2
Can I clarify what you were charged with? S5(1)(a) is driving or attempting to drive. S5(1)(b) is in charge.
 
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#3
If it’s just Prison you’re concerned about, the threshold to even consider custody starts at a reading of 120+, which you’re comfortably below

But the extent of the ban and the other penalty (community service/fine) depends on whether it’s drunk in charge, or drink driving. Bit confused on the rest I’m afraid because you say it’s in charge, but section 5.1a refers to drink driving, 5.1b is in charge, least I think looking at the road traffic act. Would depend on whether or not they could confidently prove you’d driven drunk I guess. But ”in charge” has a ban of no more than 6 months on the guidelines, whereas drink driving at that reading could be around a 2 year ban.

Here’s links for both guidelines if you’re interested before seeing the solicitor to get an idea:

https://www.sentencingcouncil.org.uk/offences/item/excess-alcohol-in-charge-revised-2017/

https://www.sentencingcouncil.org.u...s-alcohol-driveattempt-to-drive-revised-2017/

All the best,
 
#4
Apologies, I have been scouring the internet all weekend for answers I might have got things confused with the sentancing guide lines.

On my charge sheet it states section 5(1)(a) road traffic act 1988 and schedule 2 to the road traffic offenders act 1988.

If you could clarify I would be most grateful.
 
#5
I had a crash on motorway and blew 101 at police station. Was charged with driving or attempting to drive whilst under the influence of alchohol .

I was given 20 months ban reduced to 15 after dd awareness course,
80 hours community service
No fine Just court costs .

I think the judge was very lenient with me.
I got my licence back today although van ended on jan 25th.

You won’t go to prison.
Just length of ban then going through process of medical etc after ban.

Good luck and try not to worry yourself sick like I did before court. I had all sorts of thoughts rushing through my head.

You’ll be ok mate.
 
#7
It gets easier mate, is tough, you hate yourself enough without snidey comments from so called mates.

I bet you virtually every bloke who plays Sunday morning football is over the dd limit but don’t get caught.

We’re all human and we all make mistakes, we learn from them, and we bounce back stronger.
 
#8
Apologies, I have been scouring the internet all weekend for answers I might have got things confused with the sentancing guide lines.

On my charge sheet it states section 5(1)(a) road traffic act 1988 and schedule 2 to the road traffic offenders act 1988.

If you could clarify I would be most grateful.
That is driving, rather than in charge. For this offence there is a mandatory minimum of a 12month ban. With your reading being 100, you are looking at a ban of 23-28 months and a fine or a Community Penalty, plus a victim surcharge of £20 (or 10% of the fine amount) and prosecution costs of £85. You will not be looking at custody because, unless you have a serious accident, the threshold for custody starts at 120.
you can reduce the length of the ban if you are offered, and accept, the opportunity of attending a Drink Drive Rehabilitation Course. If the magistrates do not mention this on the day (they sometimes forget) then make sure you ask if you can attend one before your case finishes in court because it cannot be offered afterwards. You do not have to do the course but it keeps your options open if you accept the chance to attend.
 
#9
Okay thanks for the info it’s greatly appreciated in giving me some sort of peace of mind running up to the court date. Still seeing a solicitor for some sort of council. Thanks again.
 
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